Cultic Studies Journal, Vol. 9, No. 1, 1992, Page 64
He did try, however, to list their essential components. Religion, he said, consisted of two
elements:
one objective: the existence of a community, a legal entity, or a collective
phenomenon
the other subjective: faith.
To characterize religious belief, he selected the following criteria:
--reliance on divinity, a supernatural power
--possibly, therapeutic value
--the promise of happiness
--a certainty.
In legal terms, the courts see then constituent elements of religion as permanent ministers, a
rite, a liturgy, and a comprehensive and supernatural explanation of the world.
The Robert French dictionary offers the following definition: "Recognition by man of a superior
power or principle on which his destiny depends and to which obedience and respect are due:
intellectual and moral attitude which results from that belief, in conformity with a social model
which may constitute a rule of life." It must be said that some of the constituents of religion
recur in any attempt to define a sect, and some people who are fond of pithy formulas even
say that religions are merely sects which have succeeded.
We shall see that national legal systems confirm this approach.
5. The Legal Status of Sects in Council of Europe Member States
In general, there is no special legal status for sects they are protected by (constitutional or
statutory) provisions guaranteeing freedom of conscience and religion. The separation of
church and state also guarantees state neutrality towards both religions and sects, in
countries such as France.
In that country, most sects take the form of nonprofit-making associations (under the Act of 1
July 1901, which normally exempts them from any form of supervision). This means that they
are not subject to taxation.
Switzerland does not normally accord them the status of public law corporations.
Iceland makes it a condition that associations must be registered before they can enjoy
rights. There are at present 12 registered religious associations.
In the United Kingdom, religious associations may set up tax-exempt charitable trusts if
they match one of the classifications defined by law. The public authorities support an
organization called INFORM, which was set up to provide objective information on the true
identity and nature of sects.
In Finland, sects or new religious movements are free to act once they have been registered
as religious communities. Their articles of association are examined to ensure conformity with
the law.
There is no special status in Belgium. Associations may exist in various legal forms: public
interest bodies or nonprofit-making societies, for example.
The Spanish Parliament adopted a report on sects in February 1989, in which it made a
number of recommendations to the government. Its recommendations are that the authorities
should:
--monitor compliance with law
He did try, however, to list their essential components. Religion, he said, consisted of two
elements:
one objective: the existence of a community, a legal entity, or a collective
phenomenon
the other subjective: faith.
To characterize religious belief, he selected the following criteria:
--reliance on divinity, a supernatural power
--possibly, therapeutic value
--the promise of happiness
--a certainty.
In legal terms, the courts see then constituent elements of religion as permanent ministers, a
rite, a liturgy, and a comprehensive and supernatural explanation of the world.
The Robert French dictionary offers the following definition: "Recognition by man of a superior
power or principle on which his destiny depends and to which obedience and respect are due:
intellectual and moral attitude which results from that belief, in conformity with a social model
which may constitute a rule of life." It must be said that some of the constituents of religion
recur in any attempt to define a sect, and some people who are fond of pithy formulas even
say that religions are merely sects which have succeeded.
We shall see that national legal systems confirm this approach.
5. The Legal Status of Sects in Council of Europe Member States
In general, there is no special legal status for sects they are protected by (constitutional or
statutory) provisions guaranteeing freedom of conscience and religion. The separation of
church and state also guarantees state neutrality towards both religions and sects, in
countries such as France.
In that country, most sects take the form of nonprofit-making associations (under the Act of 1
July 1901, which normally exempts them from any form of supervision). This means that they
are not subject to taxation.
Switzerland does not normally accord them the status of public law corporations.
Iceland makes it a condition that associations must be registered before they can enjoy
rights. There are at present 12 registered religious associations.
In the United Kingdom, religious associations may set up tax-exempt charitable trusts if
they match one of the classifications defined by law. The public authorities support an
organization called INFORM, which was set up to provide objective information on the true
identity and nature of sects.
In Finland, sects or new religious movements are free to act once they have been registered
as religious communities. Their articles of association are examined to ensure conformity with
the law.
There is no special status in Belgium. Associations may exist in various legal forms: public
interest bodies or nonprofit-making societies, for example.
The Spanish Parliament adopted a report on sects in February 1989, in which it made a
number of recommendations to the government. Its recommendations are that the authorities
should:
--monitor compliance with law
